Supreme Court Orders

The Wisconsin Supreme Court will accept written comments until Nov. 19 in advance of its administrative conference on Nov. 30 to consider amendments to the Rules of Professional Conduct for Attorneys. On Nov. 14, the court will hold public hearings on petitions regarding cost assessments in the Lawyer Regulation System, requirements for depositions conducted outside Wisconsin, and appeal procedures in termination of parental right cases. On Nov. 30, the court will hold a public hearing regarding technical changes in language regarding Board of Bar Examiner fees.

Supreme Court Orders

The Wisconsin Supreme Court will accept written
comments until Nov. 19 in advance of its administrative conference on
Nov. 30 to consider amendments to the Rules of Professional Conduct for
Attorneys. On Nov. 14, the court will hold public hearings on petitions
regarding cost assessments in the Lawyer Regulation System, requirements
for depositions conducted outside Wisconsin, and appeal procedures in
termination of parental right cases. On Nov. 30, the court will hold a
public hearing regarding technical changes in language regarding Board
of Bar Examiner fees.

Rules of Professional Conduct for
Attorneys

In the Matter of the Petition for Amendment to Supreme Court
Chapter 20 - Rules of Professional Conduct for Attorneys

Order 04-07

On July 29, 2004, the Wisconsin Ethics 2000 Committee filed a
petition seeking to amend Supreme Court Rules Chapter 20, the Rules of
Professional Conduct for Attorneys. On Feb. 17, 2005, the court
conducted a public hearing on the petition, in which numerous persons
participated. At the open administrative conference immediately
following the hearing the court acknowledged the importance of the
Ethics 2000 Committee's report and the far-reaching implications of its
proposal. The court resolved to consider various aspects of the petition
at a series of future open administrative conferences. Therefore,

IT IS ORDERED that on Nov. 30, 2005, at 9:30 a.m., at its open
administrative conference in the Supreme Court Room in the State
Capitol, Madison, Wis., the court shall discuss the (proposed) Preamble
to SCR Ch. 20, (proposed) Terminology, and (proposed) SCR 20:3.8
entitled Special Responsibilities of a Prosecutor.

IT IS FURTHER ORDERED any interested persons may file with the court
a written submission regarding the subjects identified for this
conference no later than Nov. 19, 2005. As this matter has already been
the subject of a public hearing, general public testimony will not be
entertained at the open conference. The court may direct questions to
individuals present at the conference to aid the court's consideration
of these matters.

IT IS FURTHER ORDERED that notice of this conference shall be given
by a single publication of a copy of this order and of the petition in
the official state newspaper and in an official publication of the State
Bar of Wisconsin not more than 60 days nor less than 30 days before the
date of the hearing.

Dated at Madison, Wis., this 12, day of September, 2005.

By the court:

Cornelia G. Clark,
Clerk of Supreme Court

Lawyer Regulation System Cost
Assessments

In the Matter of the Petition for Amendment to Supreme Court
Rule 22.001(3) Relating to CostAssessments in the
LawyerRegulation System

IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Room in the State Capitol, Madison, Wis., on Nov. 14,
2005, at 9:30 a.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by a single
publication of a copy of this order and of the petition in the official
state newspaper and in an official publication of the State Bar of
Wisconsin not more than 60 days nor less than 30 days before the date of
the hearing.

Dated at Madison, Wis., this 1st day of September, 2005.

By the court:

Cornelia G. Clark,
Clerk of Supreme Court

Petition

The Petitioner, Keith L. Sellen, Director of the Office of Lawyer
Regulation, hereby petitions the Supreme Court of Wisconsin for an order
that amends Supreme Court Rule 22.001(3) relating to the definition of
costs in the Lawyer Regulation System as follows.

PROPOSED AMENDMENT

SCR 22.001 Definitions.

(3) "Costs" means the compensation and necessary expenses of
referees, fees andlitigation expenses other
than counsel fees of counsel for the office of
lawyer regulation, a reasonable disbursement for the service of process
or other papers, amounts actually paid out for certified copies of
records in any public office, postage, telephoning, adverse examinations
and depositions and copies, expert witness fees, witness fees and
expenses, compensation and reasonable expenses of experts and
investigators employed on a contractual basis, and any other costs and
fees authorized by chapter 814 of the statutes.

Justification: On April 2, 2004, the agenda for the
Supreme Court's annual open meeting with the components of the Lawyer
Regulation System, which it conducts pursuant to Supreme Court Rule
21.09, included a discussion about the appropriateness of cost
assessments in disciplinary cases.

Since the meeting, the Office of Lawyer Regulation, Board of
Administrative Oversight, and State Bar Lawyer Regulation System Study
Committee have discussed proposals to improve upon the present
method.

The petitioner proposes that costs related to hourly fees of counsel
for the office of lawyer regulation would no longer be assessed against
respondents in disciplinary cases. All other costs would continue to be
assessed.

Cost assessment data for fiscal years 1999 through 2003 show the
average annual costs assessed by the Court to be approximately
$86,000.00, of which an average of approximately $55,000.00 relates to
fees of counsel for the office of lawyer regulation. Actual collections
of costs during these years averaged approximately $74,000.00.
Proportionally, approximately $47,000.00 of annual collected costs would
relate to fees of counsel for the office of lawyer regulation. The
result of the rule change would be an average increase in the annual
dues assessment of approximately $3.00 per dues paying attorney. For the
next two fiscal years, the average increase would probably exceed $3.00
due to a temporary increase in litigation. Nevertheless, the amount
should return to $3.00 for the long term.

A good method for assessing costs should allocate the cost of
enforcement fairly between members of the profession and the respondent
attorney, and should neither detract from the determination of truth nor
require significant effort or expense in its application. The rule
change would adopt the American practice: each litigant pays its own
attorneys' fees. In addition to adopting the American practice, the rule
change would reduce any disincentive to presenting a defense, and the
effort and expense in its application.

Keith L. Sellen, Director Office of Lawyer Regulation

Depositions Conducted Outside Wisconsin

In the Matter of Proposed Amendments to Wis. Stat. Section
887.26

Order 05-06

On June 15, 2005, the Judicial Council filed a petition proposing
certain amendments to Wis. Stat. s. 887.26 relating to requirements for
depositions conducted outside the State of Wisconsin.

IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Room in the State Capitol, Madison, Wis., on Nov. 14,
2005, at 9:30 a.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by
publication of a copy of this order and of the petition in the official
state newspaper once each week for three consecutive weeks and in an
official publication of the State Bar of Wisconsin not more than 60 days
nor less than 30 days before the date of the hearing.

Dated at Madison, Wis., this 1st day of September, 2005.

By the court:

Cornelia G. Clark,
Clerk of Supreme Court

Petition

The Wisconsin Judicial Council respectfully petitions this Court for
an order pursuant to Wis. Stat. § 751.12, adopting these proposed
amendments to § 887.26, Wis. Stat. The Judicial Council Evidence
and Civil Procedure Committee's explanation for the proposed amendments,
entitled "Judicial Council Committee Note" follows the text of the
proposed amendments.

A. SECTION 887.26(1) of the statutes is amended to
read:

(1) HOW TAKEN. In any civil action, proceeding or matter in which
depositions may be taken within this state, the deposition of any
witness withoutoutside the state may be taken
before any officer as provided in s. 804.03(1) or (2) or as provided
in the rules of that state or country and
uponwritteninterrogatoriesthe
procedure as provided in this section.

B. SECTION 887.26(4) of the statutes is amended to
read:

(4) COMMISSION TO TAKE. A commission may issue from any court of
record to take the deposition of any witness withoutoutside the state, where an issue of fact has been joined
or the time therefore has expired,after commencement of the
action, except as provided in s. 804.015 or as provided in s.
804.02(1), for any cause which shall be deemed sufficient by the
court, or when required for use on any trial or hearing or upon any
motion or proceeding. The commission shall be signed by the clerk and
sealed and shall be accompanied by a copy of subs. (4), (5) and (6).

C.SECTION 887.26(5) of the statutes is
amended to read:

(5) PROCURING COMMISSION. (a) The partyperson desiring a commission shall prepare
interrogatoriesa notice of intent toobtain
a commission and state in the caption thereof the name of
the commissioner proposed by the party, the name of the witness
and thehis or her residence of
each with particularity, and shall serve a copy thereof on the
opposite party, with a notice that, at the expiration of
105 days from the date of suchservicethe notice of intent, a commission will
be issued directed to the court of the county of residence of the
witness, requesting that a subpoena issue from that court compellingto take the deposition of the witness, and
specifying the reason for taking the same. Within suchtimethe 5-day period the opposite party may
file with the clerk and serve upon the other party his or
her objections to the interrogatories proposed and to
the competency of the witness and to the issuance of the
commission and serve his or her cross interrogatories; and state
the name and residence of any person whom the opposite party desires to
act as an additional commissioner, who must reside in the county in
which the commissioner first named resides .

(b) At the expiration of the 5 daystimelimited , and no objection being received or
sustained, the commission shall issue as provided in sub.(4). At
themovingnoticing party
person's expense, the commission shall be transmitted to the court of
the county of residence of the witness, for issuance of the deposition
subpoena in accord with the statutes and rules applicable to that
court.may file the notice and interrogatories, with proof of
service thereof and the moving party's objections to the cross
interrogatories. The moving party may also serve redirect
interrogatories on the opposite party, who may, within 3 days after such
service, file objections to such redirect interrogatories. Thereupon the
commission shall be issued, with the interrogatories, direct, cross and
redirect, and all objections, and transmitted to the commissioner first
named by mail or express at the expense of the moving party. But when
any defendant shall not have appeared and the time for the defendant to
plead has expired, no notice is required to be given such defendant, and
the commission may issue on filing the direct interrogatories.
No commission shall issue if the witness's residence s
areis not given as required.

(c) Where testimony is sought of a witness outside the state
before commencement of an action as provided in s. 804.02(1), the order
issued under s. 804.02(1)(c) shall also include a commission in the form
provided by sub.(4) of this section.

D.SECTION 887.26(6) of the statutes is
amended to read:

(6) Duty of commissioner. (a) The commissioner first named
shall fix the time and place for executing the commission and give the
other commissioner one day's notice if residing in the same place, and
when not, one day's notice in addition for every 30 miles of distance
between the place of residence and the place fixed for executing the
commission. If the notice be by mail double time shall be allowed; but
notice may be waived in writing or by appearance at the execution of the
commission. If there be 2 commissioners the commission shall be executed
in the county where they reside, unless they agree upon another. The
commissioner first named shall have charge of and return the deposition,
which return shall be in the form and manner directed by the
commissioner as provided by s.804.05(7). If either commissioner shall
not attend at the time and place so fixed, the other may execute the
commission with like effect as if both were present, but such
commissioner must certify in the return that the other had due notice
but failed to attend(6) Certification and service by
officer; Exhibits; Copies; Notice of Service. The officer taking or
transcribing the deposition shall have charge of and return the
deposition, in the same form and manner as provided by s.
804.05(7).

(b) One of the commissioners shall publicly administer an
oath or affirmation to each witness that the answers which the witness
shall make to each of the interrogatories propounded to the witness
shall be the truth, the whole truth, and nothing but the truth. The
witness's answers to each interrogatory shall be reduced to writing.
Each witness shall subscribe the witness's name at the end of the
witness's answer and the commissioners shall subscribe their names at
the foot of each page of the testimony. If any exhibit is produced and
proved or referred to in the answer of any witness, it shall be marked
as an exhibit, either by letter or number, by a commissioner, and
referred to in the testimony of the witness, and annexed to and returned
with the deposition. If the paper be a record or other document not in
the control of either party, it shall be sufficient to annex a copy,
stated by the witness in the witness's answers to be a true copy
thereof. The commissioners shall certify in their return that each
witness, before giving the witness's evidence, was duly sworn or
affirmed, and shall state the time when the testimony was
taken.

(c) The proper commissioner shall enclose the commission, the
interrogatories, and the deposition with the return annexed in a sealed
envelope, with the title of the action endorsed thereon and immediately
transmit the same by mail or express to the clerk of the court from
which the commission issued.

(d) Upon the receipt of such package, the clerk shall endorse
the time and manner in which the clerk received the same, and open it
and file the contents thereof and give notice of the receipt of the same
to the attorneys for the respective parties.

E.SECTION 887.26(7) of the statutes is
amended to read:

(7) FEES. The persons who taketake ortranscribe the depositions and the witness shall be entitled to
the fees allowed supplemental court
commissioners reporters under s.
814.698 (1) and witnesses for similar service by
the law of this state, or such as may be prescribed by
the law of the state or country where taken.

F.SECTION 887.26(8) of the statutes is
amended to read:

(8) TRANSLATIONS. When the witness is unable to speak the English
language, the judge of the court from which the commission issues may
appoint some competent and disinterested person to translate, at the
expense of the noticing person, the commissionsubpoena, rules, interrogatories and cross
interogatories and deposition questions and answers, or
such any part thereof as may be necessary, from the
English into the language spoken by the witness or vice versa; and
suchthe translation shall be sent to
the commissioner in place of the original papers that have been
translated.transcribed and maintained as part of the
deposition transcript.Upon the return of the commission and
deposition, such judge shall in like manner cause the answers of the
witness and the exhibits to be translated into English, as well as all
other proceedings in a foreign language, and such translation to be
filed. The translator shall append to all translations the
translator's affidavit that the translator knows the
English and suchthe foreign language of the
witness, and that in making such translation the translator
carefully and truly translated thesuch
proceedings from the English into suchthe witness's foreign language or from the latter into English,
and that thesuch translation is correct.
SuchA translation under this paragraph
shall have the same effect as if all the proceedings were in English,
but the trial court, upon the deposition being offered in evidence, may
admit the testimony of witnesses learned in suchthe foreign language for the purpose of correcting errors
therein; and, if it shall appear that the first translation was in any
respect so incorrect as to mislead the witness, the court may, in
its discretion, continue the cause for the further taking of
testimony.

Judicial Council Committee Note: Section (1) was
revised to delete the restriction of depositions outside the state to
depositions by written question, and now allows depositions outside the
state to be oral or written. This change conforms to practice. Wisconsin
litigants routinely take oral depositions; depositions upon written
question are rarely conducted. Section (1) also provides that the
persons before whom depositions may be taken are those as described in
s. 804.03(1) or (2), or as provided by the specific rules of the state
or country where the deposition is taken.

Section (4) now acknowledges that a commission also may be obtained
to take out-of-state depositions prior to commencement of an action,
subject to the provisions of s. 804.02(1). Where an action already has
been commenced, section (4) now permits out-of-state depositions before
the answer is filed. This change conforms with s. 804.05(1), which
permits in-state depositions to be taken after commencement of the
action.

Subsections (5)(a) and (b) eliminate the requirement for a motion to
obtain a commission for foreign deposition. The motion procedure has
been replaced by a simple notice procedure, subject to a 5-day rule.

Subsection (5)(a) also replaces the provision for objection to the
competency of the designated witness with a general provision for
objections as allowed by s. 804.05(4). This change reflects the
liberalization of the law with respect to competency of a witness.

Subsection (5)(c) incorporates the commission format requirements
into the procedure for seeking a deposition before an action is
commenced, as described in s. 804.02(1), but does not replace the 20-day
notice period provided in s. 804.02(1).

Section (6) was substantially changed. That section had provided for
two commissioners to preside at the taking of the deposition by written
question and to ensure that the deposition was returned to the clerk of
the court which had issued the commission. The bulk of section (6) was
replaced by requiring that the officer before whom the deposition is
taken comply with the provisions of s. 804.05(7) for certification of
the deposition transcript, and mailing and handling of exhibits.

Grammatical changes throughout s. 887.26 also were made to substitute
the word "such" for more specific articles "a" or "the", in conformance
with recent Revisor's bills. The phrase "without the state" was replaced
with the more modern equivalent "outside the state" throughout.

Judicial Council

By James C. Alexander

Appeal Procedures in TPR Cases

In the Matter of Proposed Amendments to Wis. Stat. Sections 809.107
and 809.14

Order 05-07

On June 22, 2005, the Judicial Council filed a petition proposing
certain amendments to Wis. Stat. ss. 809.107 and 809.14 of the Rules of
Appellate Procedure relating to appeal procedures in termination of
parental right (TPR) cases.

IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Room in the State Capitol, Madison, Wis., on Nov. 14,
2005, at 9:30 a.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by
publication of a copy of this order and of the petition in the official
state newspaper once each week for three consecutive weeks and in an
official publication of the State Bar of Wisconsin not more than 60 days
nor less than 30 days before the date of the hearing.

Dated at Madison, Wis., this 1st day of September, 2005.

By the court:

Cornelia G. Clark,
Clerk of Supreme Court

Petition

The Judicial Council petitions this Court for an order pursuant to
Wis. Stat. § 751.12, adopting these proposed amendments to sections
809.107 and 809.14, Rules of Appellate Procedure. The proposed
amendments, governing appeal procedures in termination of parental right
(TPR) cases: (1) address the responsibility of trial counsel to file a
notice of intent; (2) place time limits within the rule and note when
they cannot be extended; (3) create a self-executing process to preserve
jurisdiction when the notice of intent is filed before the judgment or
order is entered; (4) establish a time limit for the state public
defender to appoint counsel; (5) establish time limits for persons
denied state public defender representation; (6) require clerks and
court reporters to indicate dates essential to time limit calculation in
the case record; (7) require clerks to advise if transcripts are already
on file; (8) shorten the time limit for a response to a motion; and (9)
divide and subtitle many of the subsections to help practitioners and
parties locate particular provisions.

The proposed amendments are explained in the comments to the text
supplied by the Judicial Council Appellate Procedure Committee. The
Judicial Council petitions this Court to order publication of the
comments as Judicial Council Committee Notes to the adopted
amendments.

The Judicial Council further petitions the Court to direct the
Wisconsin Court Records Management Committee to create a form similar to
CR-233 (used in criminal cases), that would require the circuit court to
notify a person subject to TPR proceedings of appeal time limits and
require the person to indicate on the form at the end of the
dispositional hearing whether the person intends to pursue
postdisposition relief.

I. SECTION 809.107 of the statutes is amended to
read:

809.107 Appeals in proceedings related to termination of
parental rights.

(1) Applicability. This section applies to the
appeal of an order or judgment under s. 48.43 and supersedes all
inconsistent provisions of this chapter.

(2)Initiating the appeal.Appeal or postdisposition motion. (a) Appeal procedure; counsel
to continue. A person seeking postdisposition or appellate relief
shall comply with this section. If the person desires to pursue
postdisposition or appellate relief, counsel representing the person
during circuit court proceedings under s. 48.427 shall continue
representation by filing a notice under par. (b), unless sooner
discharged by the person or by the circuit court.

Judicial Council Committee Note to Rule
809.107(2)(a): The amendment to § 809.107(2)(a) requires
counsel representing a parent who wants to appeal the TPR disposition to
file a notice of intent to pursue postdisposition or appellate relief.
Trial counsel's representation continues until the notice of intent is
filed.

(b) Notice of intent to pursue postdisposition or appellate
relief. A person shall initiate an appeal under this section by
filing, within the time30 days after the date of
entry of the judgment or order appealed from, as specified in s.
808.04(7m), a notice of intent to appealpursue
postdisposition or appellate relief with the clerk of the
trialcircuit court in which the judgment or
order appealed from was entered. This time period may not be
enlarged. Also within that time period, the person shall serve a
copy of the notice of intent on the person representing the
interests of the public, opposing counsel, the guardian ad litem
appointed under s. 48.235(1)(c) for the child who is the subject of the
proceeding, the child's parent and any guardian and any custodian
appointed under s. 48.427(3) or 48.428 (2). The notice of intent
shall include all of the following:

(a)1. The circuit court case name,
number, and court caption.

(b)2. An identification of the judgment or
order from which the person filing the notice intends to
appealintends to seek postdisposition or appellate
relief and the date on which it was granted or
entered.

(c)3. The name and address of the person
filing the notice of intent to appeal and the
person'shis or her trial counsel.

(d)4. For a person other than the state,
whether the trial counsel for the person filing the notice of intent
to appeal was appointed by the state public defender
and, if so, whether the person's financial circumstances have materially
improved since the date on which the person'shis or
her indigency was determined.

5. Whether the person requests representation by the state public
defender for purposes of postdisposition or appellate relief.

(e)6. For a person other than the state,
whether the person filing the notice of intent to
appeala person who does not request representation by the
state public defender will represent himself or herself or will be
represented by retained counsel or requests the state public
defender to appoint counsel for the appeal . If the person has
retained counsel to pursue postdisposition or appellate relief,
the counsel's name and address shall be included.

Judicial Council Committee Note to Rule
809.107(2)(b): Subsection 809.107(2)(b) contains the substance
of former sub. (2)(a). The amendment adds the case number to the content
requirements for the notice of intent and specifies that the time period
for filing a notice of intent cannot be enlarged. Subsection (2)(b)2.
deletes a reference to the date on which the judgment or order was
granted because the time limits in s. 808.04(7m) commence on the date
the judgment or order was entered.

(c) Early notice of intent to pursue postdisposition or
appellate relief. If the record discloses that the judgment or
order appealed from was entered after the notice of intent to pursue
postdisposition or appellate relief was filed, the notice of intent
shall be treated as filed after such entry and on the date the judgment
or order was entered.

Judicial Council Committee Note to Rule
809.107(2)(c): The amendment to § 809.107(2)(c) addresses
the practical concern that arises when a notice of intent is filed
before the final judgment or order is entered. Similar to §
808.04(8), the amendment allows the filing date of the notice of intent
to be deemed the date that the judgment or order was entered, and
thereby preserves appellate jurisdiction.

(3) Duties of clerk of trial court.Clerk to send
materials. Within 5 days after a notice under sub. (2)(b) is
filed, the clerk of the circuit court shall:

(a) If the person filing the notice of intent to appeal under
sub. (2) requests representation by the state public defender
for purposes of the appealpostdisposition or
appellate relief, send to the state public defender's appellate
intake office a copy of the notice that shows the date on which it
was entered, a copy of the judgment or order specified in the notice
andthat shows the date on which it was entered,
a list of the court reporters for each proceeding in the action in which
the judgment or order was entered, and a list of those proceedings
for which a transcript already has been filed with the clerk of circuit
court.

(b) If the person filing the notice of intent to
appeal does not request representation by the state public
defender for purposes of the appeal , send or furnish
to the person, if the person is appearing without
counsel, or to the person's attorney, if one has been retained, a copy
of the judgment or order specified in the notice andthat shows the date on which it was entered, a list of the court
reporters for each proceeding in the action in which the judgment or
order was entered, and a list of those proceedings in which a
transcript already has been filed with the clerk of circuit
court.

Judicial Council Committee Note to Rule 809.107(3):
To facilitate compliance with the time limits in this section, the
amendment requires the clerk to send a copy of the judgment or order
that shows the date on which it was entered and a list of transcripts
already on file to the state public defender's intake office, or to the
person if appearing without counsel, or to retained counsel.

(4) Request for transcript and circuit court case record.

(a) State public defender appointment of counsel. Within
15 days after the state public defender appellate intake office receives
the materials from the clerk of circuit court under sub. (3)(a), the
state public defender shall appoint counsel for the person and request a
transcript of the reporter's notes and a copy of the circuit court case
record.

(b) Person not represented by public defender. A
person filing a notice of intent to appeal under sub.
(2)who does not request representation by the state public
defender for purposes of postdisposition or appellate relief shall
request a transcript of the reporter's notes, and may
request a copy of the circuit court case record within 15 days after
filing the notice under sub. (2)(b). A person who is denied
representation by the state public defender for purposes of
postdisposition or appellate relief shall request a transcript of the
reporter's notes, and may request a copy of the circuit court case
record, within 30 days after filing a notice under sub. (2)(b).

(4m) Filing and service of transcript
and circuit court case record. The court reporter shall file the
transcript with the circuit court and serve a copy of the transcript on
the person filing the notice of intent to appealpursue postdisposition or appellate relief within 30 days after
the transcript is requested. The clerk of circuit court shall serve a
copy of the circuit court case record on the person filing the notice of
intent to appeal within 30 days after the
courtcase record is requested, and shall
indicate in the case record the date and manner of service.

Judicial Council Committee Note to Rule 809.107(4) and
(4m): New § 809.107(4)(a) codifies existing practice and
establishes a time limit for the state public defender to appoint
counsel and request transcripts and circuit court case records. The
public defender's time limit commences on the date that the public
defender's office receives the materials from the circuit court clerk,
rather than on the date the notice of intent is filed, so as to reduce
the number of extension motions that must be filed when the clerk does
not timely send the materials under sub. (3)(a).

The amendment to § 809.107(4)(b) clarifies the procedure
applicable to persons who are not represented by the state public
defender and creates time limits applicable to a person who has applied
for and has been denied public defender representation. In the latter
case, the rule provides an additional 15 days for the person to obtain
private counsel and request a copy of the transcript and case record.
The time limit is set at 30 days because 15 days will have expired while
the public defender's office determines whether the person is eligible
for appointed counsel. This time limit commences on the date the notice
of intent was filed, rather than the date of the public defender's
determination because that determination does not appear in the case
record.

Subsection (4m) is the last two sentences of former sub. (4).
Subsection (4m) also creates a new requirement for the circuit court
clerk to indicate the date and manner of service in the case record. The
new requirement is necessary because the notice of appeal time limit is
measured from the date of service of the case record or transcript,
whichever is later.

(5) Notice of appeal; transmittal of
record . (a) Filing; copyand service
of notice of appeal. Within 30 days after the later of
the service of the transcript or the circuit court case
record, the person filing a notice of intent to appeal under sub.
(2)(b) shall file a notice of appeal as provided in s.
809.10(1) and serve a copy of the notice on the persons
required to be served under sub. (2)(b). This time period may not be
enlarged.

(b) Transmittal of record by clerk. The clerk of
circuit court shall transmit the record to the court of appeals as soon
as the record is prepared, but in no event more than 15 days after the
filing of the notice of appeal.

(c) Requesting transcripts for other parties. The
appellant shall request a copy of the transcript of the reporter's notes
of the proceedings for each of the parties to the appeal and make
arrangements to pay for the transcript and copies within 5 days after
the filing of the notice of appeal.

(d) Statement on transcript. The appellant shall file a
statement on transcript with the clerk of the court of appeals, shall
file a copy of the statement on transcript with the clerk of circuit
court, and shall serve a copy of the statement on transcript on the
other parties to the appeal within 5 days after the filing of the notice
of appeal in the circuit court. The statement on transcript shall either
designate the portions of the transcript that have been requested by the
appellant or contain a statement by the appellant that a transcript is
not necessary for prosecution of the appeal. If a transcript is
necessary for prosecution of the appeal, the statement on transcript
shall also contain a statement by the court reporter that the appellant
has requested copies of the transcript or designated portion thereof for
each of the other parties; that the appellant has made arrangements to
pay for the original transcript and for all copies for other parties;
the date on which the appellant requested the transcript and made
arrangements to pay for it; and the date on which the transcript must be
served on the parties.

(e) Service of transcript on other parties. The court
reporter shall serve copies of the transcript on the parties indicated
in the statement on transcript within 5 days after the date the
appellant requested copies of the transcript under par. (c).

Judicial Council Committee Note to Rule 809.107(5):
The amendment to § 809.107(5)(a) clarifies that the time limit for
filing a notice of appeal commences 30 days from the later of
the service of the transcript or case record. Persons contemplating
filing a notice of appeal are better able to assess grounds for relief
after reviewing both the transcripts and the circuit court case
record.

II. SECTION 809.14(1) of the statutes is amended to read:

809.14 Rule (Motions).

(1) A party seeking an order or other relief in a
case shall file a motion for the order or other relief. The motion must
state the order or relief sought and the grounds on which the motion is
based and may include a statement of the position of other parties as to
the granting of the motion. A motion may be supported by a memorandum.
Except as provided in sub. (1m),Aany
other party may file a response to the motion within 11 days after
service of the motion.

809.14(1m) of the statutes is created to read:

(1m) If a motion is filed in an appeal under s.
809.107, any other party may file a response to the motion within 5 days
after service of the motion.

Judicial Council

By James C. Alexander

Language Regarding BBE Fees

In the Matter of the Petition for Amendment to Supreme Court
Rule 40.14 Relating to Technical Changes in Language Regarding Board of
Bar Examiner Fees

Order 05-08

On July 15, 2005, the Board of Bar Examiners, by its Director, Gene
Rankin, filed a petition proposing certain technical changes to the
language of Supreme Court Rule 40.14 regarding fees payable to the Board
of Bar Examiners.

IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Room in the State Capitol, Madison, Wis., on Nov. 30,
2005, at 9:30 a.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by a single
publication of a copy of this order and of the petition in the official
state newspaper and in an official publication of the State Bar of
Wisconsin not more than 60 days nor less than 30 days before the date of
the hearing.

Dated at Madison, Wis., this 1st day of September, 2005.

By the court:

Cornelia G. Clark,
Clerk of Supreme Court

Petition

The Petitioner, Gene R. Rankin, Director of and on behalf of the
Board of Bar Examiners of the Supreme Court of Wisconsin, hereby
petitions the Supreme Court of Wisconsin for an order that amends
Supreme Court Rule SCR 40.14 (3) (e), (g) and (h) relating to
definitions of fees charged by the Board of Bar Examiners as
follows:

PROPOSED AMENDMENT:

SCR 40.14 APPLICATION; FEES.

SCR 40.14 (3) (e) Fee for reinstatement,or
readmission, admission onor for application by
diploma privilege character and fitness investigation if filed later
than the latest date specified by the boardor late
enrollment in the bar $200

(g) Fee for a diploma privilege character and fitness
investigation under SCR 40.06(3m) $210

(h) Late fee for a diploma privilege character and fitness
investigation under SCR 40.06(3m) $100

Justification: The change to (e) clarifies the
applicability of the latest filing date, as set by SCR Chapter 40
Appendix BA 14.04, for diploma privilege, character and fitness
application and deletes an unused provision.

The changes to (g) and (h) distinguish diploma privilege character
and fitness from the character and fitness investigations conducted
pursuant to other modes of admission to the Wisconsin Bar. Some
jurisdictions charge one fee for the bar examination and another for the
character and fitness investigation. This amendment clarifies that
Wisconsin does not do so.